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what would jeremy do? | jan 2019 01 what would Jeremy do? assessing the impact of a Corbyn-led Labour government january 2019 ground floor, 32-34 great peter st, westminster, london sw1p 2db
02 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 03 gk strategy contents foreword robin grainger CEO foreword 3 introduction - corbyn’s labour 4 challenges for an incoming labour government 7 public ownership 9 regulating the private sector 12 labour market regulation 15 The last three years in British politics have been among the most tumultuous and funding 17 uncertain in living memory. In September 2015, it seemed almost impossible that Jeremy Corbyn could lead the Labour Party to victory; since then, the fallout from the vote to leave the EU and the party’s better-than-expected performance in last year’s taxation 21 election have potentially put Corbyn on the road to Downing Street. poll tracker 24 The possibility of the next general election resulting in a government led by Labour, with Corbyn at its helm, is now at the forefront of the minds of business leaders and those making investment decisions in the UK. Whether his policy platform is considered how gk can help 26 a throwback to 20th century socialism or a popular agenda designed to appeal to younger voters, it has the potential to create disruption on a level not seen in British political and commercial life for a generation. risk matrix 27 Therefore, unpicking the rhetoric to understand what Corbyn could do in power is an essential part of planning for the future by businesses and investors across a whole range of sectors, as the implications of public ownership, greater regulation and employment reform are weighed up. However, this is not to say that under Corbyn there is a potential threat around every corner; as we explore in this report, there are opportunities as well disclaimer as risks in areas such as education, healthcare and housing, where increased public The contents of this report may not be copied, distributed, published or reproduced in GK is not giving advice (and should not be treated as having given advice. This report spending could be beneficial from the perspective of some businesses. whole or in part, or disclosed or distributed by recipients to any other person without the contains forward-looking statements in which GK discusses factors it believes may prior written consent of GK. impact on policy and politics in these respective markets. Forward-looking statements are all statements other than historical facts. Accuracy of the forward-looking statements Either way, a Corbyn-led government would be far from business as usual for leaders Any information, judgements, statement or quotation attributed to an individual in this depends on assumptions about events that change over time and is thus susceptible to report should be taken solely as their personal view and neither as factual statements periodic change based on actual experience and new developments. and investors in the UK. With a fresh general election less than four years away and the nor the opinion of GK (unless otherwise stated). GK has made every attempt to ensure current government struggling to pass its Brexit plans through Parliament, the prospect the accuracy and reliability of the information provided in this report. However, it has not independently verified the information provided. The information contained in this report of Prime Minister Jeremy Corbyn is one that should be taken seriously. is therefore provided on an “as is” basis without warranty or representation of any kind.
04 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 INTRODUCTION 05 introduction corbyn’s labour jamie cater, head of policy In September 2015, when Jeremy Corbyn was elected as the leader of the Labour Party by an overwhelming margin, the prospect of the socialist backbencher turned hero of the left becoming Prime Minister of the United Kingdom seemed remote. His traditional left-wing views on social and economic issues, combined with unpopular stances on areas such as foreign policy, defence, national security and the monarchy, were quickly derided; his personal appearance was mocked; his ability to speak to audiences beyond his supporters in the Labour movement was doubted. intervention is prioritised does not differ economy as a whole. Although Shadow perceptions of Labour. fundamentally from that of Ed Miliband, or Chancellor John McDonnell has been Three years later, the world of British politics has been turned on its head. Following even Theresa May’s Conservatives; namely, cautious in his language around taxation, There also remains strong support for the vote to leave the EU in 2016 and the 2017 general election, and Theresa May’s that they are not working in the interests of there is little doubt that Labour’s plans for public ownership of key industries, a difficulty in persuading Parliament as well as her own Ministers to support her Brexit ‘ordinary people’ and require the Government significant uplifts in public expenditure are higher minimum wage and higher taxes agreement, the idea of a Corbyn premiership no longer seems far-fetched. Labour’s to take action in order for them to function intended to be financed primarily by tax rises on corporations and high earners among success last summer – gaining 30 seats and eliminating the Conservatives’ majority better. The parties agree that there is an for corporations and higher-rate taxpayers. Labour’s core voter groups, as well as the in the House of Commons – defied the predictions of not only media and political undersupply of housing and it is too difficult Other possible tax reforms will be floated wider public. Although younger voters commentators, but the parties themselves. for young people to get on the housing to maximise revenue to fund increases in broadly tend to be favourable towards the ladder; that household energy and utility public spending and the potential purchase concept of capitalism, when asked about Jamie joined GK 2014 from the Corbyn has taken the party’s growing disillusionment with the New Labour era under bills are too high; that the current system of of privately-owned assets that a Labour specific markets, they express opposition to the leadership of Tony Blair and Gordon Brown, and created a movement that aims office of a Labour MP and Shadow tuition fees inspires little confidence among government would want returned to public the way in which they are working and are in to challenge what it sees as a cosy consensus at the top of British politics that it Minister. In his role as Head of students, graduates and parents; that ownership. favour of an alternative approach. Whether considers to have allowed the gap between the wealthiest and poorest to widen, Policy, he manages GK’s research funding for the NHS and adult social care is on energy, transport, higher education and public services to deteriorate under a policy of austerity while unaccountable and analysis work for private equity unsustainable and needs reform; and that While the Conservatives and non-political or housing, Labour’s policies continue to businesses have profited. investors, providing political and there is too great a gap between the highest opponents to Corbyn’s proposals are command a high level of support among regulatory due diligence during the and lowest earners, and new corporate likely to focus on the cost of the manifesto voters under 40. For some, the party’s 2015 election manifesto – including proposals to reform acquisition and sales processes, as governance rules and increases to minimum policies – particularly on nationalisation corporate governance, introduce more stringent regulation of private sector well as ongoing advice on relevant pay should limit this. It is on the scale and – to the public purse, this is unlikely to This report attempts to understand the extent provision in public services, and increase the national minimum wage and labour policy developments over the nature of the proposed solutions to these shift public attitudes significantly against to which these policies could practically be market regulation – had marked a significant departure from the business-friendly issues that the parties diverge significantly Labour. In a political environment where it achieved under a Labour government, and course of their investments. Jamie approach from its leadership between 1994 and 2010. and, with regard to Labour, in a way that has is increasingly apparent that cultural factors the priority attached to them by the party. works across a range of sectors, caused consternation among swathes of the are more important in influencing voting Corbyn’s rhetoric is often simple; the task including education, employment, The 2017 manifesto was largely a continuation of this approach, although with a business community. intentions than the economy, it is Corbyn’s of implementing the ambitious policies he housing, health and social care, shift in tone on economic policy; while the 2015 document was still concerned with attitudes on issues such as foreign policy, has laid out is not, and understanding how presenting the party as fiscally responsible and not disturbing efforts to reduce the and financial services. The apparent lack of recognition of the value defence and migration where the public a government would go about making the UK’s budget deficit, the 2017 manifesto also argued for a defined fiscal rule, but this of private enterprise and wealth creation – particularly older voters, among whom rhetoric a reality, and in what order the party’s was eclipsed by the headline-grabbing policies promising significantly increased among the current leadership of the party support for the party is low – continues to promises could be achieved, is essential to levels of public spending. is manifest not just in its approach to public harbour the most doubts. The recent debate assessing how to prepare for the impact of services, where it will seek to limit the role over anti-Semitism in the party, and the an incoming Labour government. In many ways, Corbyn’s diagnosis of the problems in some of the markets where of the private sector, but throughout the criticism Corbyn and the leadership have received over the issue, could also damage
06 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 07 how likely is corbyn to could labour get its challenges for an incoming become prime minister? policies through parliament? labour government At the time of writing, the most favourable betting odds to be found The enactment of the policies explored in this report depend to are for a hung parliament at the next general election, with Jeremy some extent on the election of a Labour government with a healthy david laws, strategic adviser Corbyn the narrow favourite to be the next Prime Minister. Opinion working majority in the House of Commons. Given the opinion polling demonstrates much the same, with both of the main parties polling and betting odds above, this appears optimistic from the holding only narrow leads over each other among a variety of party’s perspective. As things stand, should the party form the next polling companies. The UK Polling Report website, which compiles government it will do so with a small majority of MPs, or in a minority GK’s strategic adviser and former Cabinet Minister David Laws gives his view on and analyses survey results, shows that a lead for either party over administration with some form of agreement with other parties, how radical a Corbyn-led Labour government could be. the other has exceeded the margin of error only a handful of times most likely the Scottish National Party. since the May 2018 local elections, and in a number of recent polls The election of a Corbyn government would mark one of the most dramatic the parties have been tied. Despite the fallout from the ongoing However, while the parliamentary arithmetic may be tight, some shifts in political ideology and policy in the UK in the last 100 years, ranking in debate over the Prime Minister’s Brexit deal, the Conservatives have of the internal opposition Corbyn has faced from his parliamentary the post war era alongside the election of the Attlee government in 1945 and the generally held steady in the polls. A summary of recent opinion party is likely to fade away in the event of an election victory. This is Thatcher government in 1979. Corbyn is a distinctly left-wing political figure by UK polling and betting odds can be found at the back of this report. for two reasons. Firstly, Labour will have gained more MPs that have standards, and it is unlikely that he would pare back his agenda in government – been subject to a candidate selection process under the current that has not been his style over a long period in politics. leadership, making them more likely to be sympathetic to Corbyn’s politics and thus diminishing the relative power of any rebel group of It is tempting to believe that a Corbyn government would immediately face The fast-changing nature of contemporary British politics and MPs. Secondly, Corbyn’s more vocal critics on the Labour benches widespread opposition to its policy agenda. This will obviously come from the still unknown outcome of the Brexit negotiations may see are likely not only to give him the benefit of the doubt if he leads the opposition parties, but possibly also from the City, business, large parts of the Labour able to capitalise upon public dissatisfaction with the party to victory, but would also reserve any criticism for aspects of media, the House of Lords, cautious civil servants and, in some areas, from Government’s performance. foreign and security policy where there is stronger disagreement moderate Labour MPs. It is certainly true that if Labour has failed to use its time between moderate MPs and the leadership. David Laws was the Member of in opposition to think through its key early policies, it could face a rocky period of Although the deadlock between the parties that has emerged since Parliament for Yeovil between 2001 months at the beginning of the new government. the 2017 election appears unlikely to be broken in the foreseeable Like the current Government, Labour would not have a majority in and 2015, and held various senior future, the fast-changing nature of contemporary British politics the House of Lords upon forming an administration. While this may positions in the Liberal Democrats However, let’s assume that Labour, assisted by a civil service which is trained to and the still unknown outcome of the Brexit negotiations may delay the passage of some legislative items, should the party have before joining the Coalition deliver government’s political commitments, is capable of setting out its plans see Labour able to capitalise upon public dissatisfaction with the a majority in the Commons and the legislation be implementing Government as Chief Secretary to in a number of key areas. In this eventuality, it ought to have the opportunity to Government’s performance. While Corbyn’s personal ratings remain manifesto policies, parliamentary convention dictates that the the Treasury in 2010. introduce key parts of its manifesto. Why? Firstly, because new governments lower than those of Theresa May, Labour has so far succeeded in House of Lords is unable to prevent the legislation from being have a new mandate to act, and provided Labour picks its policy targets carefully, retaining more support from Leave voters than the Conservatives passed. In the event of Corbyn becoming Prime Minister in a hung Between 2012 and 2015 he served it should find that it is given the opportunity to make changes. The House of have with Remain voters. This suggests that Corbyn’s party may be parliament – where no party has an overall majority in the Commons as Minister of State for Schools and Lords will not want to be seen to be unreasonably resisting a government with in a better position to capture votes in areas where it needs to win – the conventions governing the approach of the Lords become in a cross-departmental role in the an election mandate, and moderate Labour MPs (particularly key if there is a to form a government than the Conservatives are in the seats that more complex, but is still unlikely to prevent the implementation of Cabinet Office, and now sits as one hung parliament or a small Labour majority) will pick their fights with Corbyn they would need to take back in order to re-gain a majority at the the party’s manifesto commitments. of GK’s Strategic Advisers. With his carefully; they will not want to rebel against him on issues where the public or next election. wealth of experience at the centre the majority of Labour members are highly sympathetic to his agenda. Secondly, Therefore, it is unlikely that Corbyn would face many, if any, of British politics, David brings because sensible new governments can blame all the apparent prevailing Although issues like the anti-Semitism controversy could prove insurmountable barriers to the progress of his legislative agenda invaluable insight and expertise to problems on their predecessors, and pick popular causes to resolve. These are damaging, such is Corbyn’s popularity among the party membership through Parliament. There may be compromise necessary on some GK’s work. In addition to this, David carefully chosen to highlight the previous government’s incompetence or lack of that he is highly unlikely to be deposed by his internal opponents policy areas if the party has no working majority in the Commons, is Chair of the Education Policy social compassion. So, played carefully, a new Corbyn government could make before the next election; he will remain as party leader for as long but any formal or informal agreement with other parties and the Institute, and advises Ark Schools’ progress on its manifesto, although almost certainly against the background of as he intends to lead. Even if Corbyn decided or was forced to likely lack of internal opposition should ensure that, for the most Education Partnerships Group on intense media and opposition scrutiny. step down from the leadership, the make-up of the rank-and-file part, there is little difficulty for an incoming Labour government in education in Africa and the Indian membership and the party’s decision-making structures mean that passing most of its policies through Parliament. sub-continent. A very key issue for a Corbyn government would be its first Budget. Bluntly, how a new leader would be elected from Corbyn’s wing of the party and left-wing should it be? Corbyn and McDonnell are not natural ‘trimmers’. They follow much of the same policy agenda that Corbyn has laid out. might decide that they are never going to win over the City and business, and they
08 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 09 could choose to be bold – hiking corporation tax to 26% in one big faced big economic problems, some resulting from her policy of move, or introducing a higher-than-expected income tax rate of 60% high interest rates and fiscal austerity, and at one time it looked as on the very highest earners. They could also open the floodgates on if the economic crisis (including three million unemployed) might public public spending and public borrowing. There would be a real debate about this in the Corbyn team, and it is not at all clear how this would topple her. But as the economy recovered, and with a boost from the successful Falklands War, she defeated her political opponents ownership play out. Blair and Brown sought to win over the City and Business, – including in her own party – and set out a much bigger and bolder but this is not Corbyn’s style of politics. However, frightening the reform programme than anticipated in her first manifesto. The big financial markets out of their lives could be terrible politics if the privatisation programme, deregulation, and massive cuts to direct pound and UK bond markets collapse and inflation and interest taxation mostly came in her second and even third terms in office. rates go through the roof. It could be tempting not to oversell the The hallmark of Jeremy Corbyn and John McDonnell’s politics is the of policy options that could be considered for public services and areas ‘new socialism’, and that is certainly what the advice of the Treasury Therefore, the most interesting question when it comes to Corbyn is explicit preference for public provision over privatised and outsourcing. of national infrastructure which are either privatised or where the private and most Labour MPs would be. not just whether he could introduce most of his election manifesto In key areas of national infrastructure, in a significant break from recent sector has a significant role in service delivery. Although the document – he probably could – but whether he could consolidate party political history, Labour is advocating the return of assets and services to states that it does not represent party policy, it is clear that there is And what about the medium and longer-term prospects? Here, and public support. If not, a Corbyn government could look like a the public sector. In his speech to party conference in 2017, McDonnell considerable interest in the Shadow Chancellor’s office, and in early the Thatcher government of 1979-1990 is probably a very useful short-term blip in our political history. If Corbyn were able to survive proclaimed, ‘Building an economy for the many also means bringing 2018 the party held a one-day conference under the same title that was guide. Thatcher was elected as a radical, but on a pretty cautious the initial backlash against his radical change in direction, then his ownership and control of the utilities and key services into the hands of addressed by both John McDonnell and Jeremy Corbyn. The document and populist manifesto. When she came to power, she faced many election could mark a significant turning point for economic policy people who use and work in them. Rail, water, energy, Royal Mail – we’re argues that ‘privatisation has damaged service quality and facilitated the opponents in her own party, including in her Cabinet. In the early and for the boundaries between public and private sectors. taking them back’. 1 ciphering of public money for profit’, and like the manifesto, focuses on years, her policies were distinctly ‘new’ and generally Thatcherite, markets such as energy, rail and mail. but her focus for privatisation was mainly on a limited number of Although it is clear about its approach, the party leadership has chosen badly-performing former private sector businesses, for which there its language carefully when articulating its vision for this; Corbyn and rail was an obvious case for return to private ownership. Her government McDonnell refer to ‘public ownership’ and ‘democratic control’ rather than ‘nationalisation’. When considering what Labour’s plans might look During the party’s 2015 leadership election, Jeremy Corbyn like in practice, this is a crucial distinction. While also a rhetorical device published a 10-point policy plan that he would seek to implement designed to avoid the negative connotations of the term ‘nationalisation’ as leader of the opposition, one of which was public ownership of with particular parts of the electorate, it means that there is a focus on railways. It has arguably become the party’s flagship policy in the designing policies that do not concentrate decision-making power in two and half years since Corbyn became leader, and much of its Westminster, but in some areas create state-backed entities to compete campaigning has been focused on rail-related issues. In January with private companies. Where the party may have the intention to 2016, 2017 and 2018, the party held national campaigning days effectively expropriate privately-owned assets, there will be the prospect across the country in protest at rising rail fares, each time making of significant legal challenges, most likely over valuations. the party’s case for bringing services into public ownership. Therefore, while Labour’s plans for public ownership of various parts The party’s manifesto for the 2017 general election identified of the national infrastructure look likely to be highly disruptive to these three causes of dissatisfaction with the railway system: ‘relentless markets, in most areas they would not simply constitute a return to how deregulation, privatisation and fragmentation’ by the Conservatives. 2 services were run before the privatisations from the late 1970s onwards. The passage in the manifesto on rail is one of its most vivid, arguing There is likely to be a significant amount of ongoing policy development that ‘the beneficiaries of public funding siphoned off through in these markets as the party considers the scope of public ownership privatisations have been the earnings of directors, dividends for and where a role for the private sector might be appropriate, and how shareholders and the coffers of overseas governments’. It makes a Labour government would approach taking assets immediately into plain that a Labour government would ‘start by bringing our railways public ownership. The foundations for this were laid at party conference back into public ownership, as franchises expire’, although it also in 2018, where McDonnell set out plans to establish a dedicated unit in the states that a government could initiate reviews of franchises before Treasury to pursue plans for public ownership, as well as re-writing some expiry or take advantage of any break clauses in existing contracts. of the Treasury’s rules for making infrastructure investment decisions. In 2017, in addition to its election manifesto, the party published a document entitled ‘Alternative Models of Ownership’, exploring a range 01. https://labour.org.uk/press/shadow-chancellor-john-mcdonnell-speech-to-labour/ 02. https://labour.org.uk/wp-content/uploads/2017/10/labour-manifesto-2017.pdf
010 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 11 While Labour’s plans for public ownership of various parts of the national infrastructure look likely to be highly disruptive to these markets, in most areas they would not simply constitute a return to how services were run before the privatisations from the late 1970s onwards. Supporting the creation of municipal energy companies and out as a priority and signalling that under the party’s emerging allowing them to take over local infrastructure was an early policy plans, directors could have their salaries capped and may be forced goal under Corbyn’s leadership; in one of his first major speeches to re-apply for their jobs. on policy as leader in January 2016, he commented that the trend towards local authorities in Germany producing their own energy This is also the market in which the party has been most directly was something ‘Labour should want to emulate’ in the UK. critical of the role of private equity, with Corbyn criticising the role of investors in the water industry in a speech in 2017. However, it The rhetoric of the Labour leadership in relation to public ownership is also arguably the market in which the party has done the least of the energy market to date suggests a subsequent programme planning for how public ownership would be achieved, swayed of ‘municipalisation’ rather than outright nationalisation, relying on more by public opinion than an ideological determination to make local authorities to establish their own energy companies to enter water a specific priority. Unlike energy, rail and mail, water had not the market and taking control of local infrastructure rather than previously been a particular focus for the party and although it is creating a centralised system in which central government would unlikely that the pledge to revert to public ownership would be take wholesale ownership of the grid and create sole energy dropped if the party entered government, there would need to be suppliers. Therefore, the party’s proposals as they stand implicitly a greater degree of policy development before firm proposals were recognise in that new, publicly-owned utilities will be entering a put forward than on other markets where nationalisation is at the top All of the transport unions affiliated with the party are vocal In the immediate term, the priority for Labour would be to implement market rather than standing as nationwide monopoly suppliers. of the agenda. opponents of privatisation and have played a part in the campaign a blanket cap on dual-fuel household bills of £1,000 per year while to renationalise the railways, meaning that this is unlikely to fall off proposals for public ownership were consulted on, discussed and Corbyn has previously stated that he would like to see the ‘Big Six’ the agenda should the party form a government. passed through Parliament in legislation. If the current Government’s companies brought into ‘some form of public ownership’, but the parliamentary cap remains in place at the next general election, Labour would 2017 manifesto does not outline detailed plans for achieving this. support Similar to the energy market (explained below), a likely first step for a pass legislation to amend this to remove the power of Ofgem to Prior to becoming party leader, Corbyn suggested that while public Labour government would be the introduction of an immediate fare decide the level of the cap and institute its own timetable for when ownership would be a priority, he would not like to see ‘every last Although the political economy of public ownership is unlikely cap on rail journeys. The party would then use this opportunity to the cap should expire. asset’ nationalised as it would be an ‘inefficient’ way of operating. to chime with the ideological positions of moderates in the explore options for taking franchised passenger services into public For Corbyn to have adopted such a view at that time – before having parliamentary party, in the context of an election victory in which ownership and consider under what circumstances an operator Labour’s proposals for public ownership were set out in the 2017 his public pronouncements moderated by his team of advisers, and Labour commands a majority in the House of Commons and the could be stripped of a franchise prior to the end of its contract. manifesto in three parts: understanding the popularity of public ownership with his electorate priority attached to the policies in a new election manifesto on inside the party – is a sign that the party in government would be no which MPs will have been elected, the proposals are unlikely to face • Taking control of supply networks through reforming; more radical than its manifesto proposals suggest. significant obstacles in Parliament. MPs who remain sceptical of energy • Supporting the creation of publicly-owned municipal energy Corbyn’s leadership are more likely to try to face him down in internal companies ‘to rival existing private energy suppliers’; debates on more contentious issues – most likely on defence, Along with rail, energy is a key priority for the party with regard • Legislating to allow publicly-owned companies to purchase water national security and foreign affairs – than on economic and social to public ownership. Having become a high-profile political issue regional grid infrastructure, with the entirety of the national grid policy, meaning that there will be little opposition from Corbyn’s own over recent years as media scrutiny of rising consumer bills has ‘brought into public ownership over time’. As noted above, the water industry is where public ownership is benches when it comes to public ownership. In the event that there increased, and activity prior to the 2015 general election such as most popular with voters. As with the energy proposals, the principal remains a significant SNP contingent in the Commons following a the review of the energy market by the Competition and Markets focus is on local accountability rather than simply being directed Labour victory – not a certainty given the party’s reliance on Scottish Authority prompting the Government into taking action, Labour’s by Whitehall, fitting more closely with the idea of municipalisation seats to form a parliamentary majority – they would also be likely to position has evolved under Corbyn’s leadership to support explicitly rather than nationalisation. At party conference in 2018, McDonnell back most of Labour’s proposals. public ownership in the energy market. doubled down on the party’s approach to water, singling the sector
12 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 13 prioritise insourcing of any high-profile outsourced services of their own volition, or commission services as they currently do. It is unlikely that, despite a centralising instinct regulating and scepticism of the localism agenda, a the private sector Corbyn-led government would direct local decision-making from Westminster. In the NHS, there would likely be a stronger and more immediate move towards removing private provision, but there is a wider question of how the party would While public ownership is the order of the day when it comes to open to challenge. The most significant part of the health service prioritise specific areas given the spread of national infrastructure, determining how a Labour government infrastructure intended to be addressed by Corbyn’s comments on outsourced services. While an immediate would regulate private sector involvement in public services and public funding is the private finance initiative, with John McDonnell priority for Labour would be the repeal of areas such as housing is a key question for investors with an interest having previously spoken about bringing PFI contracts in-house. the Health and Social Care Act 2012, which in this space. With the party having ramped up its rhetoric on the established the current framework for NHS However, when it comes to the provision of services, a profit cap so-called ‘privatisation’ of the NHS and the collapse of Carillion is likely to be an option on the table for a Labour government as it commissioning, it would be unlikely to go posing difficult questions for both national and local policy-makers seeks to restrict the use of private companies in the NHS. further in the short term than simply making on the outsourcing of frontline services to private companies, the NHS the default preferred provider for all Labour’s approach in this area is likely to be tough on for-profit It is important to recognise the role of local commissioners when new contracts. providers, although softened by the need for councils and service commissioners to respond effectively to local needs. considering the possibility of price caps. In adult and children’s care services, for example, there is likely to be a reluctance from a Labour Corbyn once proclaimed in the House of Commons that private government to override the wishes of local leaders in respect of standards companies providing public services should be ‘shown the door’; the the services they commission, or seek to dictate commissioning and quality approach of Labour in office is likely to be more pragmatic initially, practiced from the centre. In this regard, implementing a price ‘It is unlikely that, despite a although over time the party may become harsher in its approach, or profit cap from central government is unlikely, with the party centralising instinct and scepticism Another way in which a Labour government particularly towards the larger players in the market. The natural more likely to favour encouraging local authorities to deliver in- could hold private providers more areas on which an incoming Labour government would focus are of the localism agenda, a house by increasing funding significantly, or by using procurement accountable is through more stringent quality health, housing, and other locally-commissioned services such as frameworks to apply greater price pressure to private providers. Corbyn-led government would standards. This is a likely approach in areas children’s services and adult social care. There are also other sectors direct local decision-making from such as children’s services, where private with a large presence for private providers which may become Aside from capping prices or profits, the party could seek to alter Westminster. sector involvement is entrenched and there more politically sensitive over time, such as prisons, where the party is likely to seek reform in the longer term but which would not public procurement rules to change the way in which both national is limited desire to disrupt the market to such constitute an immediate priority. and local decision-makers purchase and commission. In any areas an extent that care for vulnerable children where central government under Labour may still award public may be threatened or disturbed. Reforming sector contracts to private sector providers, there may be a more standards – whether this is for workers, such would be for annual rent increases in private the possibility of eliminating the role of for- explicit preference for SMEs, or additional criteria relating to the pay as new qualifications for social workers, or price and rented accommodation to be limited to CPI profit providers has alarmed stakeholders in and conditions of their workforce. stricter criteria for awarding contracts to profit caps plus 2% or 3%, which the party would view sectors such as health, adult social care and private providers – could be an efficient way as giving certainty to landlords with sufficient children’s services. As noted above, while In other local markets such as housing, a different form of price for a Labour government to increase the In 2015, Labour had pledged to introduce profit caps for private room to make mortgage repayments while there is a clear preference for services to capping is a likely prospect. Corbyn has spoken extensively about accountability of suppliers without requiring providers in the NHS of 5% on contracts over £500,000 which also benefitting tenants. be provided in-house and not outsourced controlling rents in the private rented sector and, given that the current burdensome legislation. was widely criticised by health sector stakeholders. Corbyn has to profit-making companies, there is little Government is highly likely to have completed the introduction of its generally preferred instead to talk about an NHS that is ‘fully publicly likelihood of a Labour government actively ban on letting agent fees by the time of the next general election, A similar approach is likely to be followed provided and fully publicly funded’; although the 2017 manifesto banning seeking to legislate to outlaw this type of an incoming Labour administration would prioritise the introduction in the housing market, where tougher suggests that the Health Secretary would have a ‘legal duty’ to private provision provision. Instead, sympathetic Labour- of a rent cap soon after taking office. The 2017 manifesto refers to standards for lettings and estate agents, a consider action over ‘excessive profits’ made by private companies controlled local authorities may simply an ‘inflation cap on rent rises’; the most probable course of action register of landlords and higher standards in the NHS, it is unclear how this would be defined and would be In the party’s rhetoric around private provision, follow the national leadership’s line and
014 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 15 labour market regulation Reforming labour market regulation will be and academics responsible for setting the the manifesto, it may encounter a significant one of the highest priorities for a Corbyn-led national minimum wage. Rather than revert amount of scepticism from the Treasury and government. With a particular emphasis to allowing the LPC full power over setting civil servants elsewhere is government. In on increasing minimum pay, strengthening the rates, the party may simply designate any case, as illustrated by the frustrated roll- rights for insecure workers and changing this to the Ministry of Labour for it to be set out of Universal Credit, large and complex rules on the recognition of trade unions, the by central government with reference to reforms – such as implementing a UBI-style party has proposed creating a new Ministry broader economic conditions at the time. policy would be – are often stifled by a slow of Labour, separating these responsibilities From a political perspective, this would and error-strewn process. Such a reform out from the Department for Business, En- ensure that the rate does not fall behind the would constitute a longer-term policy goal ergy and Industrial Strategy (BEIS) and De- £10 an hour target the party has set, although for Labour, and the cost implications and for rented accommodation will also form part of the party’s employees would be mandated to set up funds that pay workers partment for Work and Pensions (DWP), and it would meet with strong opposition from complexity may make it unworkable. The programme for housing but could also be at least partially achieved up to £500 per year, with further dividends being diverted to central incorporating some of the most important business stakeholders, as well as potentially party would be likely to settle instead for without the need for legislation. The party had little to say about government to fund additional spending on public services. While social and economic policies that a Labour incurring the wrath of more moderate simply increasing the NLW and NMW private developers in its general election manifesto, but there are some stakeholders had a lukewarm response to the policy, and it government would want to pursue during its trade unions who support the existing significantly above current levels. likely to be more ambitious targets for new homes for developers may be easy for political opponents to characterise the policy as a first term in office. collaborative approach. alongside more severe measures around planning permission and stealth tax on businesses, it is likely to form part of the party’s offer Although the party’s 2017 manifesto did compulsory purchase of privately-held undeveloped land over and on corporate governance reform at the next election. The 2017 manifesto also pledges the not explicitly commit to ending the cap on above current plans from the Government to reform the system. national living wage, introduction of ‘sectoral collective working-age benefits, currently scheduled A number of figures in the party have criticised executive pay in universal basic income bargaining’ but does not offer any further to end in 2019, Labour can be expected to the housebuilding sector in particular, and action in this area may and welfare reform detail as to how this sits alongside plans to adopt a more liberal approach to social corporate be prompted by a further sense that executive pay in companies enforce a higher NLW from the centre. This security expenditure. Were the party to governance delivering public goods and services is rising while workers, Labour’s 2017 manifesto committed to a vast may only become clearer after the party had move forward with more concrete plans for consumers and service users are getting a raw deal. range of policies for reforming the labour instigated some of the broader corporate UBI this could effectively incorporate many There are many ways in which Labour could seek to reform corporate market, but a significant increase in the governance reforms it intends to undertake of the current aspects of Universal Credit, governance, not only for those companies involved in the delivery of For public sector outsourcing firms where there are concerns over national living wage (NLW) is likely to be the referred to elsewhere. and the current Government’s flagship public services but in the wider economy. Accusing Theresa May of financial sustainability, the party has pledged to introduce new rules highest priority in this area for an incoming welfare policy is unlikely to be completely having backtracked on more radical pledges in this area when the that would preclude such companies from being awarded public Labour administration. Not mentioned in the manifesto but popular undone by an incoming Labour government. Government published its plans to reform corporate governance sector contracts, or where they had already been awarded, contracts among policy thinkers in and around Instead, the focus is likely to be on reversing last year, it is likely that the party in government would pursue a would be taken in-house or a re-tender undertaken to award to The suggestion from the Office for Budget the party is the idea of a universal basic some of the cuts made to Universal Credit number of different aspects of reform through different routes. an alternative supplier. With Carillion remaining on the political Responsibility (OBR) that the NLW will not income (UBI). John McDonnell has called it and reforming the sanctions regime. Alongside plans for greater trade union recognition (explored later agenda as the Government completes its own reforms to corporate reach the Government’s target of £9 per ‘an idea whose time may well have come’; in this paper), Labour could use a bill early on in the next parliament governance, and ongoing concern over other large suppliers to hour by 2020 may spur Labour to consider members of the Shadow Treasury team to introduce requirements such as worker representation on boards public sector bodies, the beginning of a Labour government could a fundamental change to how the rates are such as Jonathan Reynolds are known to banning zero-hours and remuneration committees, and limits on executive pay. prove to be a politically-expedient time to introduce such measures. set. One of the principal arguments opposing be in favour of some form of UBI, and the contracts George Osborne’s decision to introduce the party has committed to undertaking a pilot John McDonnell announced one of the most significant policy NLW was that it had partially disempowered scheme in government. As with a number A major priority for Labour since 2010, proposals in this area at the 2018 party conference, unveiling plans the Low Pay Commission (LPC), the body of other ideas at the more radical end of the reforming zero-hours contracts is another for ‘inclusive ownership funds’. Companies with more than 250 made up of business leaders, trade unionists party’s thinking, and not set out in detail in policy that will be very close to the top of
16 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 17 the agenda for a Corbyn-led government. While the party under from businesses who fear that the party does not understand the Ed Miliband stopped short of pledging an outright ban, the current attractiveness of these platforms for both workers and consumers, leadership has made this party policy and is a strong signal of it is unlikely that Labour would go so far as to legislate against such how it intends to proceed with regulating the labour market and companies or implement a regulatory environment so severe that companies’ employment practices. The current Government has it prevented the growth of these markets. It is possible that Labour effectively adopted Miliband’s suggestion of the right for workers may wish to reform some of the regulatory framework to address funding to request a formal, regular contract after a specific period of what it sees as the problematic unintended consequences of gig time engaged by the same employer; it is highly unlikely that a economy platforms – moving beyond issues around employment new Labour government would acquiesce to existing policy, and status and examining other areas such as the impact of Airbnb on legislating for an outright ban early on in the next parliament would the housing market – but there is likely be a stronger emphasis on be the most probable course of action. enforcing standards to eliminate practices that are judged to be exploitative of workers and consumers. Aside from the upfront cost of moving industries into public their planned national funding formula, Labour capitalised on the ownership, there are a number of areas in the public sector where uncertainty surrounding the Government’s plans and increased regulating although providers may be subject to stricter regulation and higher media scrutiny of pressure on school budgets to put the issue at the the gig economy trade taxes, the funding environment may be much more beneficial front and centre of the election campaign alongside NHS funding. unions than over the last eight years. Although reductions in central and The party has called the Government’s response to the Taylor local government budgets have created an environment in which Despite previous suggestions that Labour in government would Review – the report commissioned by the Government to look at Labour’s 2017 manifesto outlined support for increasing trade union innovative private sector provision has been seen as essential to seek to return all schools to local authority control, the manifesto modern working practices – a ‘huge missed opportunity’ and has recognition and representation in the private sector, and repealing achieve greater efficiency across both frontline services and back did not commit to such a policy and the party would be more likely accused employers participating in the gig economy of ‘spreading the legislation passed by the current Government in 2016 that office operations, an incoming Labour government is likely to to introduce a more stringent regulatory framework for financial exploitation’. In addition to banning the use of zero-hours contracts introduced a threshold for ballots for workers voting on industrial provide additional resources from which businesses with an interest regulation of academies and free schools, as well as generally and increasing the NLW, a Labour government could seek to action and increased the notice period for strikes to take place. a number of sectors may benefit. expanding local authority oversight of schools. It would also seek to implement ‘equal rights’ between workers and employees, going Legislation to reverse these policies is likely to be included in the direct additional funding to local authorities to boost the maintained further than the Government in responding to the recommendation first Queen’s Speech under a Labour government. Among the most immediate priorities for increased funding under a sector and enable them to take over academies if they are judged of the Taylor Review of expanding the definition of ‘worker’; commit Labour government would be reforming local government finance. to be performing poorly. While this does not mean that academies additional resources to the Labour Market Directorate in BEIS and Given Corbyn’s strong support from sections of the trade union At the time of launching the 2017 manifesto, Corbyn claimed would be discriminated against in terms of funding, there would HMRC to enforce regulations and payment of the NLW; follow the movement, and his own political background, further reform to the that he led ‘the party of devolution’ and pledged new economic likely be an informal expectation in the Department for Education recent example of New York and other international governments in legislation restricting industrial action by employees could also be development powers and additional resources to local authorities. under Labour that new funding should be focused on improving and introducing ‘Employee Scheduling Regulations’, requiring workers on the table under a Labour government in the longer term. Although While this is primarily focused on potential reviews of council tax and increasing capacity in maintained schools. to be paid when given late notice of cancelled shifts; and other some have suggested that a Labour government would effectively business rates, and the possibility of new ways of raising revenue interventions intended to provide greater security and certainty for reverse all of the trade union legislation passed since the beginning such as a land value tax, there are some local frontline services such Aside from schools, one of Labour’s flagship policies under Corbyn’s workers, and less freedom and flexibility for employers. of the Thatcher government in 1979, there are specific areas in which as social care and housing where specific measures will be at the leadership has been the abolition of higher education tuition fees. a new administration would seek to spend any political capital, forefront of the party’s policy development. Alongside the re-introduction of maintenance grants for students – Chief Secretary to the Treasury Liz Truss recently argued that and many of the now-entrenched laws regarding industrial action abolished by the current Government in 2016 – this is expected to Labour would eventually ‘ban’ gig economy platforms such as are likely to fall lower down the list than simply enabling greater come at a cost of roughly £9 billion to the Treasury for each cohort Uber, Deliveroo and Airbnb. While this reflects some of the anxiety recognition and representation of trade unions in workplaces. education of students, with the whole cost of abolishing fees likely to be made up through an increase in grant funding.3 The 2017 manifesto At the heart of Corbyn’s plans for public service reform since his commits to financing this through increasing corporation tax; as election as Labour leader has been the creation of a ‘national noted elsewhere, this type of tax measure could be achieved soon education service’, intended to provide ‘cradle-to-grave learning… after an election in Labour’s first budget. Although the legislation free at the point of use’ incorporating all provision from early years required to abolish fees would take a longer time to pass through to higher and adult education. While there is little detail on precisely Parliament, this would be an immediate priority for an incoming what a unified education system would look like, the party has made Labour administration and would be in its first Queen’s Speech. schools and higher education a particular focus of its campaigning in opposition under Corbyn’s leadership. With so much political capital dedicated to abolishing tuition fees and a radical change to the schools system through the introduction One of the defining issues of the 2017 general election was school of a national education service, both early years and further funding. With the Conservatives struggling to make the case for education have typically received a lower level of attention. On 03. https://wonkhe.com/blogs/the-costs-of-labours-tuition-fee-pledge/
18 what would jeremy do? | jan 2019 what would jeremy do? | jan 2019 19 the former, Labour developed a clearer focus at party conference health and In light of the practical difficulties of removing private sector unlikely to be much of a shift towards ‘nationalising’ social care. in 2018, setting out plans for a significant expansion of entitlement social care involvement in the NHS, and despite some of the party’s rhetoric Instead, a significant increase in resources, which may enable to 30 free hours of childcare for 2, 3 and 4-year-olds, extending on ‘re-nationalisation’ of the health service, an immediate funding commissioners to relax eligibility criteria in order to improve access, subsidised hours and improving pay and qualifications for workers. Alongside education, increasing health spending will be an boost for healthcare is likely to prove a positive for businesses is likely to be the foundation of the National Care Service rather than The party has stated that it will increase overall funding by £7 billion immediate priority for Labour on entering office. Although the holding NHS contracts. While in the longer term sustained increases expecting local authorities to deliver services in-house. to ensure that this is sustainable, although this has been questioned announcement from Theresa May in July 2018 on a proposed in public funding and a general attitude of scepticism towards by sector stakeholders. There also remains some debate within the uplift in NHS England’s budget by 3.4% may have stolen some of private provision may restrict some of the opportunities available It is not clear that the party has undertaken much significant party over where the priority for additional spending should be; the party’s thunder on this issue from opposition, it remains at the for businesses with an interest in healthcare where commissioners long-term thinking over the sustainability of social care funding Shadow Education Secretary Angela Rayner is known to be keen to forefront of its plans for government, and the party is likely to back feel that sufficient resources are available to deliver more services beyond committing to additional public expenditure through local focus on early years, while John McDonnell is understood to prefer the assertion from the Institute for Fiscal Studies that the health in-house, there is unlikely to be significant movement that disallows authorities, and there is little suggestion that this would be done in the immediate priority to be the above pledges on higher education service will require annual increases of 4% or more to cope with NHS providers from commissioning or procuring outsourced advance of the next general election. The manifesto commitment On FE and skills, Labour has not diverged significantly from the sustained increases in demand. 4 services in the short-to-medium term. to exploring a cross-party agreement on funding is a familiar one Government’s current position beyond committing to additional Following the Government’s announcement, Labour pledged to In the broader context of increasing funding for local authority from previous attempts by various governments, and the suggested investment and minor reform of the apprenticeship levy; it is highly increase health spending by 5% every year, although there has been frontline services, adult social care is also likely to stand to benefit options of a dedicated levy, employer contributions and taxes on unlikely that the party would seek to overhaul or abolish the levy, but no indication as to how this would be funded. In this context, the 2017 from fresh investment as the party looks to create a ‘National wealth could be pursued by a Labour government but would be instead focus on increasing flexibility in how funds can be spent by manifesto pledge to increase annual NHS spending by 2%, funded Care Service’. Not only is Labour sensitive to the arguments from unlikely to command significant support from the other main parties. employers. In the context of the priority attached to school funding by increasing income tax on the top 5% of earners, is already out of stakeholders that additional healthcare funding should also be specifically, it is likely that the other most significant change it will date; while the party should be expected to maintain its position of directed towards social care provision to ensure the financial make to the current apprenticeship funding framework would be to increasing funding over and above the level agreed by the current sustainability of both markets, but it recognises the need to housing exclude schools from paying the levy. Government, the party may be tempted to commit to finding further guarantee local authorities sufficient resources to enable care additional revenue from reforming income tax thresholds at the top workers to be paid a higher minimum wage through higher fees New funding for housing is another important aspect of Labour’s end of the distribution. It may also explore options around imposing to providers. While there is some scepticism in the party towards plans for increased public spending, with the issue close to the national insurance contributions on the earnings of over-65s, further the role of the private sector in delivering care services, this is not top of the list of priorities for voters. The party’s policy agenda in increases in corporate taxation or lowering the tax-free personal as politically-contentious as in the healthcare market and there is government is likely to focus first and foremost on increasing the allowance, although these are likely to be less palatable options for the party. 04. https://www.ifs.org.uk/publications/12998
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